The appeal filed by M/s Gupta Cold Drinks Agency regarding an auction scheduled for 14.06.2023 was dismissed as infructuous because the respondent-bank reported that no bids were received pursuant to the sale notice.
The appeal is dismissed as having become infructuous due to the non-receipt of any bid at the auction.
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Appeal Dy. No. 733/2023 Date: 14.06.2023
M/s Gupta Cold Drinks Agency Vs. Baroda Uttar Pradesh Gramin Bank
Present : Shri Ashok Pandey, counsel for the appellant, Shri Ajal Krishna, counsel for the respondent-Bank,
Heard the learned counsels for the parties.
Learned counsel for the appellant has moved an urgency application being I.A. No. 464/2023, praying that the matter may be taken up as the auction of the property in question is scheduled to be held on 14.06.2023. The urgency application was placed before me on 13.06.2023. I had directed the registry of this Appellate Tribunal that if the notice with regard to the urgency as well as the proceedings, which are required to be taken up, is served upon the respondent-bank, the matter will be heard on 14.06.2021 so that the respondent-Bank may obtain instruction and appear before this Appellate Tribunal to rebut the claim of the appellant, if any, regarding urgency or otherwise.
Today when the matter was taken up, the learned counsel for the respondent-Bank had appeared and stated that no bid has been received from any bidder pursuant to the sale notice dated 10.05.2023. Therefore, the present appeal has become infructuous, hence the same may be dismissed as having become infructuous.
Since the only relief claimed by the appellant in the present appeal is with regard to the auction sale dated 14.06.2023 and as per submission of the learned counsel for the respondent-Bank, no bid has been received, as there remains nothing to be adjudicated in the case, therefore, the present appeal is dismissed as having become infructuous.
Justice R. D. Khare Chairperson
VN Giri
M/s Gupta Cold Drinks Agency
Baroda Uttar Pradesh Gramin Bank
Justice R. D. Khare
VN Giri
As recorded by the court registry
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